CA9 on CAT, Vietnam: Nguyen v. Holder

CA9 on CAT, Vietnam: Nguyen v. Holder

"Vinh Tan Nguyen (“Nguyen”), a native and citizen of Vietnam, petitions for review of a Board of Immigration Appeals (“BIA”) decision dismissing his appeal from an order of removal entered by an Immigration Judge (“IJ”). Nguyen argues, inter alia, that the BIA erred in concluding that he was inadmissible for having been convicted of a crime involving moral turpitude, and that he is entitled to protection under the Convention Against Torture (“CAT”). We conclude that the BIA did not err in determining that Nguyen was convicted of a crime involving moral turpitude, because the crime of which Nguyen was convicted — misuse of a passport to facilitate an act of international terrorism, 18 U.S.C. §§ 1544, 2331 — is categorically morally turpitudinous. We also conclude, however, that the record compels the conclusion that Nguyen is more likely than not to be tortured if he is removed to Vietnam. Thus, we grant the petition with respect to Nguyen’s CAT claim, and remand with instructions to grant him deferral of removal under CAT." - Nguyen v. Holder, Aug. 14, 2014.